Securities and Exchange Commission v. Galleon Management, LP et al

Filing 228

JUDGMENT #11,1634 in favor of Securities and Exchange Commission against Deep Shah in the amount of $ 34,561,724.93. (Signed by Judge Jed S. Rakoff on 8/22/11) (Attachments: # 1 Notice of Right to Appeal)(dt)

Case 1:09-cv-08811-JSR Document 217-3

Filed 06/23/11

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USOC~DNY
DOCU~~ENT

SECURITIES AND EXCHANGE COMMISSION
New York Regional Office
3 World Financial Center, Suite 400
New York, New York 10281
(212) 336--1100

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF. NEW YORK

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
-against­
.

GALLEON MANAGEMENT, LP,
RAJ RAJARATNAM,
RAJlVGOEL,
·ANlLKUMAR,
DANIELLE CInESI,

.
09 Civ. 881J(JSR)

MARK KURLAND,
ROBERT MOFFAT,
NEW CASTLE FUNDS LLC,
ROOMY KHAN,
DEEP SHAH,
ALlHARIRI,
ZVIGOFFER,
DAVI» PLATE,
GAUTHAM SHANKAR,
SCHOTTENFELD GROUP LLC,
STEVEN FORTUNA,
and
S2 CAPITAL MANAGEMENT, LP,

ECFCASE

Defendants.

[PR~ JUDGMENT AS TO DEFENDANT DEEP SHAH
~

The Securities and Exchange Commission having filed a Complaint and Defendant Deep
Shah ("Defendant") having failed to appear, answer, plead or otherwise defend this action:

Case 1:09-cv-08811-JSR Document 217-3

Filed 06/23/11

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1.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and
Defendant's officers, agents, servants, employees, attorneys, and all persons in active concert or
participation with them who receive actual notice ofthis Judgment by personal service or
otherwise are permanently restrained ,and enjoined from violating, directly or indirectly, Section
lOeb) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and
Rule IOb-5 promulgated thereunder [17 C.F.R. § 240.lOb-5], by using any means or
instrumentality of interstate commerce, or ofthe mails, or of any facility of any national
securities exchange, in connection with the purchase or sale ofany security:
(a)

to employ any device, scheme, or artifice to defraud;

(b)

to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or

(c)

to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.

I
I
I

D.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $8,201 ,464.96, representing profits gained and/or losses avoided as
a result ofthe conduct alleged in the Complaint, together with prejudgment mterest thereon in
the amount of$I,755,865.09 and a civil penalty in'the amount of$

d. Lf. 60 l((0311(. b" g
F

.

under Section 21A ofthe Exchange Act [15 U.S.C. §78u-l]. Defendant shall satisfY this
obligation by paying the entire amount due under this Final Judgment within 14 days after entry
ofthis Final Judgment by certified check, bank cashier's check, or United States pOstal money
2

Case 1:09-cv-08811-JSR Document 217-3

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order payable to the Securities and Exchange Commission. The payment shall be delivered or
mailed to the Office of Financial Management, Securities and Exchange Commission, 100 F
Street, NE, Stop 6042, Washington DC 20549, and shall be accompanied by a letter identifying
Deep Shah as a defendant in this action; setting forth the title and civil action number of this
action and the name ofthis Court; and specifying that payment is made pursuant to this Final
Judgment, a copy of which letter and money order or check shall be sent to counsel for the
Commission of record in this action. Defendant shall PllY post-judgment interest on any
delinquent amounts pursuant to 28 USC § 1961. The Commission shall remit the funds paid
pursuant to this paragraph to the United States Treasury.

m.
IT IS FURTHER ORDERED. ADJUDGED, AND DECREED that this Court shall
retain jurisdiction of this matter for the purposes of enforcing the terms ofthis Final Judgment.
N.

There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Final Judgment forthwith and Without further notice.

Dated:~K

1H~RAKOFF

UNITED STATES DISTRICT runGE

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